and buildings secured against unauthorized entry. Sprinkler systems should be drained during freezing weather and reactivated when danger of freezing has passed.

(b) At facilities in active status, such as multiple-tenancy operations, equipment should be kept in reasonable operating condition. Operation of equipment to furnish services to private tenants, as well as the procurement of utility services for distribution to tenants, should be carried on only to the extent necessary to comply with lease or permit conditions, or in cases where it is impracticable for tenants to obtain such services directly from utility companies or other sources.

(c) At facilities where elevators and/or high-pressure boilers and related equipment are in operation, arrangements should be made for periodic inspections by qualified and licensed inspectors to insure that injury to personnel, loss of life, or damage to property does not occur.

(d) Individual heaters should be used, when practicable, in lieu of operating heating plants.

4. Grounds, Roads, Railroads, and Fencing.

(a) Maintenance of grounds should be confined largely to removal of vegetation where necessary to avoid fire hazards and to control poisonous and noxious plant growth in accordance with local and State laws and regulations; plowing of fire lanes where needed; and removal of snow from roads and other areas only to the extent necessary to provide access for maintenance, fire protection, and similar activities. Wherever practicable, hay crops should be sold to the highest bidders with the purchaser performing all labor in connection with cutting and removal. Also, agricultural and/or grazing leases may be resorted to, if practicable, as other means of reducing the cost of grounds maintenance. Any such leases shall be subject to the provisions of § 101-47.203-9 or § 101-47.312.

(b) Only that portion of the road network necessary for firetruck and other minimum traffic should be maintained. The degree to which such roads are to be maintained should be only that necessary to permit safe passage at a reasonable speed.

(c) Railroads should not be maintained except as might be required for protection and maintenance operations, or as required under the provisions of a lease or permit.

(d) Ditches and other drainage facilities should be kept sufficiently clear to permit surface water to run off.

(e) Fencing, or other physical barrier, should be kept in repair sufficiently to afford protection against unauthorized entry. 5. Utilities.

(a) At inactive properties, water systems, sewage disposal systems, electrical distribution systems, etc., should be maintained only to the extent necessary to provide the minimum services required. Buildings or areas not requiring electrical service water should be deenergized electrically and the water valved off. Utilities not in use, or which are serving dismantled or abandoned structures, should not be maintained.

or

(b) At active properties, water supply, electrical power, and sewage disposal facilities frequently must be operated at rates much below designed capacities. Engineering studies should determine the structural and operating changes necessary for maximum economy. Where leakage is found in water distribution lines, such lines may be valved off rather than repaired, unless necessary for fire protection or other purposes. (c) Where utilities are purchased by contract, such contracts should be reviewed to determine if costs can be reduced by revision of the contracts.

6. Properties to be Disposed of as Salvage. No funds should be expended for maintenance on properties where the highest and best use has been determined to be salvage.

D. Repairs. Repairs should be limited to those additions or changes that are necessary for the preservation and maintenance of the property to deter or prevent excessive, rapid, or dangerous deterioration or obsolescence and to restore property damaged by storm, flood, fire, accident, or earthquake only where it has been determined that resoration is required.

E. Improvements. No costs should be incurred to increase the sales value of a property, and no costs should be incurred to make a property disposable without the prior approval of GSA. (See § 101-47.401-5.) [29 F.R. 16126, Dec. 3, 1964, as amended at 30 F.R. 11281, Aug. 2, 1965]

PART 101-48-PART 101-49

[RESERVED]

Subpart 105-60.7-Subpoenas or Other Legal Demands for Records and Authentication of Copies of Records

Sec.

105-60.701

105-60.701-1

105-60.701-2

105-60.702 105-60.703

Service of subpoena or other legal demand.

GSA records.

Records transferred to the National Archives and Records Service.

Compliance with subpoena or other legal demand.

Authentication and attestation of copies.

AUTHORITY: The provisions of this Part 105-60 issued under section 205 (c), 63 Stat. 390, 40 U.S.C. 486 (c); and 5 U.S.C. 552 (Public Law 90-23).

SOURCE: The provisions of this Part 10560 appear at 32 F.R. 9564, July 1, 1967, unless otherwise noted.

§ 105-60.000 Scope of part.

This part sets forth policies and procedures concerning the disclosure and availability to the public of records and information held by GSA with respect to: (a) Agency organization, functions, decisionmaking channels, and rules and regulations of general applicability, (b) agency final opinions and orders, including policy statements and staff manuals, (c) operational and other appropriate agency records, and (d) agency proceedings. The part also covers exemptions from disclosure of such materials, procedures for the guidance of the public in obtaining information and inspecting records, service of subpoena or other legal demand with respect to records, and authentication and attestation of record copies.

[33 F.R. 4883, Mar. 22, 1968]

Subpart 105-60.1-General
Provisions

§ 105-60.101 Purpose.

This Part 105-60 implements the provisions of 5 U.S.C. 552 (Public Law 90-23 which codified Public Law 89-487, popularly known as the "Freedom of Information Act," which amended section 3 of the Administrative Procedure Act, formerly 5 U.S.C. 1002 (1964 ed.)). It prescribes procedures under which the public may obtain information and inspect records of GSA in a convenient and orderly manner.

§ 105-60.102 Application.

This Part 105-60 applies to all records and information generated, developed, or held by GSA which come within the purview of 5 U.S.C. 552.

§ 105-60.103 Legal custody.

The Adminstrator of General Services has legal custody of all records held by GSA.

§ 105-60.104 Definitions.

For purposes of this Part 105-60, the following terms have the meanings ascribed to them in this § 105-60.104.

(a) Records. The term "records" means all books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by GSA in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of GSA or because of the informational value of data contained therein. The term does not include:

(1) Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents; or

(2) Objects or articles, such as structures, furniture, paintings, sculpture, models, vehicles, or equipment.

(3) Donated historical materials (as defined in § 105-61.001-4) accepted by GSA from a source other than an agency of the U.S. Government in accordance with the provisions of 44 U.S.C. 397.

(b) Availability. The term "availability" signifies the right of the public to obtain information, purchase materials, and inspect and copy records and other pertinent information.

(c) Identifiable. The term "identifiable" means a description of a record which is specific to the extent that it will permit the location of the particular document with a reasonable effort.

(d) Private party. The term "private party" means any party other than an agency (as defined in 5 U.S.C. 551 (c)).

[32 F.R. 9564, July 1, 1967, as amended at 33 F.R. 4883, Mar. 22, 1968]

§ 105-60.105-1 Availability of records and other informational materials. GSA records and other informational materials are available to the full extent required by 5 U.S.C. 552 and will be promptly furnished to any member of the public at convenient places and times and at an appropriate fee, if any. The person making the request need not have a particular interest in the subject matter, nor must he provide justification for the request. The requirement of 5 U.S.C. 552 that records be available to the public refers only to records in being at the time the request therefor is made. It imposes no obligation to compile a record in response to a request, although where it is not burdensome to do so, GSA will endeavor to compile such requested information.

§ 105-60.105-2 Exemptions.

Requests for GSA records or other informational materials may be denied if disclosure is exempted under the provisions of 5 U.S.C. 552, as outlined in Subpart 105-60.6, or precluded by executive privilege (see § 105-60.603). However, authority for nondisclosure will not be invoked unless there is a compelling reason to do so. In the absence of such compelling reason, records and other information will be disclosed although otherwise subject to exemption. § 105-60.106

tion.

Congressional informa

Nothing in this Part 105-60 authorizes withholding information from the Congress except where executive privilege is invoked by the President (see § 10560.603).

[33 F.R. 4883, Mar. 22, 1968]

§ 105-60.107 Records and informational materials of other agencies.

(a) Other agencies' records managed and administered by GSA. The availability of records of other agencies located in the National Archives of the United States and Federal records centers are governed by Part 105-61 (Public Use of Records, Donated Historical Materials, and Facilities in the National Archives and Records Service).

(b) Current records of other agencies. If a request is submitted to GSA to make available current records or informa

tional materials which are the primary but responsibility of other agencies, which are in GSA for review purposes, the request will be referred by GSA to the agency concerned for instructions, unless prior instructions have been received from the agency.

[33 F.R. 4883, Mar. 22, 1968]

§ 105-60.108 Inconsistent issuances of GSA superseded.

Any policies and procedures contained in any GSA issuance which are inconsistent with the policies and procedures set forth in this Part 105-60 are superseded to the extent of such inconsistency. § 105-60.109 Records involved in litigation or other judicial process.

Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United States is a party, including discovery procedures pursuant to the Federal Rules of Civil Procedure or Federal Rules of Criminal Procedure, the request shall be referred to appropriate legal counsel for immediate coordination with the Department of Justice. Pending receipt of advice from that Department, the records involved shall not be made available.

[33 F.R. 4884, Mar. 22, 1968]

General Agency Information and
Rules in the Federal Register

§ 105-60.201 Published information and rules.

In accordance with 5 U.S.C. 552(a) (1), there are separately stated and currently published, or from time to time will be published, in the FEDERAL REGISTER, for the guidance of the public, the following general informational materials concerning GSA:

(a) Description of the organization of the Central Office and regional offices and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions.

(b) Statements of the general course and method by which GSA functions are channeled and determined, including the nature and requirements of all formal and informal procedures available.

(c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations.

(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by GSA.

(e) Each amendment, revision, or repeal of the foregoing (§ 105-60.201(a)– (d)).

§ 105-60.202

Published materials avail

able for sale to the public.

Substantive rules of general applicability adopted by GSA as authorized by law which are published in the FEDERAL REGISTER and which are also available for sale to the public comprise the Federal Procurement Regulations, the General Services Administration Procurement Regulations, the Federal Property Management Regulations, and the General Services Administration Property Management Regulations. These series of regulations are codified in Chapters 1, 5, 101, and 105 of Title 41 of the Code of Federal Regulations and are also published in looseleaf volume form. The looseleaf version of the Federal Procurement Regulations is available for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, at prices established by that office. In addition, all of these regulations are available for sale by the Superintendent of Documents in (a) daily FEDERAL REGISTER form, and (b) in Code of Federal Regulations form, at prices established by that office.

§ 105-60.203 Effect of failure to publish.

5 U.S.C. 552(a) (1) provides that, except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the FEDERAL REGISTER and not so published (see § 105-60.201). § 105-60.204 Coordination of publica

tion.

Coordination of GSA materials required to be published in the FEDERAL REGISTER in accordance with § 105-60.201 are coordinated by the Office of Administration, GSA.

(a) GSA makes available for public inspection and copying the materials described in 5 U.S.C. 552(a) (2), which are enumerated in § 105-60.302, together with an index of such materials, at convenient locations and times. All Central Office materials are situated in Washington, D.C.; some are also available at GSA regional offices. Each regional office has the materials of its region. All locations provide public reading rooms for the purpose of inspection and copying of documents. Reasonable copying services are also furnished at appropriate fees.

(b) Reading room type materials may be withheld from inclusion in the reading room only with the approval of appropriate legal counsel. An explanation of such withholding shall be furnished to the appropriate Regional Director of Business Affairs and the Director of Information (Washington, D.C.).

§ 105-60.302 Available materials.

(a) GSA materials which are available under this Subpart 105-60.3 are as follows:

(1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of

cases.

(2) Those statements of policy and interpretations which have been adopted by GSA and are not published in the FEDERAL REGISTER.

(3) Administrative staff manuals and instructions to staff that affect a member of the public; unless such materials are promptly published and copies offered for sale. (Any materials published and offered for sale will also be available in each reading room.)